Findings of Fact and Recommendation
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
INRE:
Application of Lotus Lake Estates Homeowners Association for approval of amended and
restated Conditional Use Permit 79-6, Planning Case #09-16, for a Recreational Beachlot to
eliminate the CUP expiration date and amend the permitted location of the fire pit.
On October 6,2009, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of the Lotus Lake Estates Homeowners Association for an
amended and restated conditional use permit for the property located at Outlot B, Lotus Lake
Estates. The Planning Commission conducted a public hearing on the proposed Conditional Use
Permit which was preceded by published and mailed notice. The Planning Commission heard
testimony from all interested persons wishing to speak and now makes the following:
FINDINGS OF FACT
1. The property is currently zoned Single-Family Residential (RSF).
2. The property is guided by the Land Use Plan for Parks and Open Space.
3. The legal description of the property is described as Outlot B, Lotus Lake Estates.
4. Conditional Use Findings:
a. Will not be detrimental to or endanger the public health, safety, comfort, convenience or
general welfare of the neighborhood or city.
Finding: The beachlot has been in existence since the platting of Lotus Lake Estates in
1979. The CUP for the beachlot has been amended over the past several years to include
additional improvements such as a sand blanket, swim raft, canoe/sailboat racks, sailboat
mooring, etc. The beachlot is an amenity benefitting the homeowners located in the
Lotus Lake Estates development. The homeowners association is very active in
maintaining the beachlot. The amended and restated CUP will not be detrimental or
endanger the public health, safety, comfort, convenience or general welfare of the
neighborhood or city, but will permit the beachlot to continue.
b. Will be consistent with the objectives of the City's Comprehensive Plan and this chapter.
Finding: The proposed use is consistent with the City's Comprehensive Plan and
complies with Chanhassen City Code.
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c. Will be designed, constructed, operated and maintained so to be compatible in
appearance with the existing or intended character of the general vicinity and will not
change the essential character of that area.
Finding: The recreational beachlot meets the zoning district and beachlot requirements
as outlined in the City Code. The existing CUP listed an expiration date which in
unenforceable, as CUP's run with the land, and can only be revoked at the request of the
applicant or by the City due to lack of compliance with the conditions of approval
following a public hearing. The current fire pit location in relation to the walking path is
not feasible and is therefore amended to an area on the north end of the sanp. blanket.
d. Will not be hazardous or disturbing to existing or planned neighboring uses.
Finding: The surrounding uses are residential lots within the Lotus Lake Estates
development and have access to the beachlot as part of their homeowners association.
The beachlot meets the requirements as outlined in the City Code and will not be
hazardous or disturb existing or planned neighboring uses and provides an amenity for
the association.
e. Will be served adequately by essential public facilities and services, including streets,
police and fire protection, drainage structures, refuse disposal, water and sewer systems
and schools; or will be served adequately by such facilities and services provided by the
persons or agencies responsible for the establishment of the proposed use.
Finding: The site is currently serviced by municipal services, which are adequate for the
development.
f. Will not create excessive requirements for public facilities and services and will not be
detrimental to the economic welfare of the community.
Finding: The site is currently serviced by adequate municipal services and shall
complement the existing uses in the area.
g. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare because
of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash.
Finding: The use is consistent with the standards of the recreational beachlot ordinance
as well as the RSF zoning district and will not be detrimental to the surrounding area.
h. Will have vehicular approaches to the property which do not create traffic congestion or
interfere with traffic or surrounding public thoroughfares.
Finding: Access by motorized vehicles on the site is prohibited on the beachlot, and
therefore will not create traffic congestion. A pedestrian access is provided to the site
from Choctaw Circle.
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1. Will not result in the destruction, loss or damage of solar access, natural, scenic or
historic features of major significance.
Finding: The beachlot is open space for the benefit of the properties within the Lotus
Lake Estates development and will not result in destruction, loss or damage of solar
access, natural, scenic or historic features of major significance.
J. Will be aesthetically compatible with the area.
Finding: The beachlot is aesthetically compatible with the area.
k. Will not depreciate surrounding property values.
Finding: The use will not depreciate surrounding property values; rather it is an asset to
the Lotus Lake Estates development and homeowners.
1. Will meet standards prescribed for certain uses as provided in this article.
Finding: The use is consistent with the City Code with regard to recreational beachlots
and the RSF zoning district.
5. The planning report, Planning Case #09-16, dated October 6,2009, prepared by Angie
Kairies, et aI, is incorporated herein.
RECOMMENDA TION
The Planning Commission recommends that the City Council approve the Amended and
Restated Conditional Use Permit 79-6, Planning Case #09-16, to eliminate the CUP expiration
date and amend the permitted location of the fire pit for a recreational beachlot on Outlot B,
Lotus Lake Estates.
ADOPTED by the Chanhassen Planning Commission this 6th day of October, 2009.
OMMISSION
BY:
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